Lioi v. Westview Equities

OPINION OF THE COURT

David Otis Fuller, Jr., J.

In this small claims action, the plaintiff is seeking the return of a “flip tax” of $2,760 (2% of the $138,000 sale price) from the defendant cooperative association that he was required to pay when he sold his unit on December 23, 2004.

The plaintiff entered into the contract of sale in October of 2004, which required a down payment of five percent. It contained a form provision that the seller would pay the flip *720tax, if any. The imposition of a flip tax arose from a resolution of the board of directors passed on October 28, 2004, which read as…